Friday, 24 May 2013

It has been an eventful week for the issue of data protection and privacy
law. On Tuesday the 21st of May last the Data Protection Commissioner published
his 2012 Annual Report. During his press release Mr Hawkes outlined a number of
concerning data protection issues. He stated that a 'worrying degree' of
inappropriate access to personal data by State employees was detected in audit
carried out by them. He expressed that these breaches and intrusion on privacy
rights display a serious lack of awareness within the HSE as to what actually constituted
appropriate access. Mr Hawkes also emphasised the need for additional resources
for his office to cope with the increased growth in complaints received by the
Office.

The on-going saga involving Justice Minister Alan Shatter and T.D. Mick
Wallace also raises issues within data protection and privacy law. Mr Shatter revealed
during a debate on RTÉ
last week that Mr
Wallace had been seen by gardaí using a mobile phone while driving. He said
he learned of the incident during a briefing with members of the garda about
penalty points. The Data Protection Commissioner has said he would be willing
to investigate the matter fully if he received a formal complaint from Mr
Wallace about improper use of private information. The decision of Mr Shatter
to reveal such confidential information on national television undermines an
Garada Síochana as a public body whose duties include safeguarding records and confidential
information of citizens. It is likely that the data protection breach here will
be investigated further.

On the 24th of May last the Irish Times reported that Minister for Social
Protection Joan Burton intends to make births, deaths and marriages accessible
online for the first time. The relevant legislation permitting the creation of
the online register is the Social Welfare and Pensions Bill 2013. The development
is aimed combatting fraudulent social welfare claims. Birth, Death and Marriage
Certificates can be taken up at the public office on application together with
the prescribed fee. The creation of a database of such information will no
doubt have implications for data protection and privacy law.